A federal judge has dismissed an environmentalists? lawsuit that alleged a Maryland power plant operator was getting a free pass to pollute.
U.S. District Court Judge J. Frederick Motz dismissed four environmentalist groups? suit against Mirant, the Prince George?s County power plant operator, because the state had done enough to protect the environment against air pollution.
” … The Maryland Department of the Environment has diligently prosecuted a civil action in the Circuit Court for Prince George?s County to require compliance with federal and state opacity standards at the Chalk Point Electric Generating Facility,” Motz wrote in a ruling released Friday.
Environmentalists had argued that an agreement between Mirant and Maryland allows the power plant to pollute 10 percent of the time each quarter, which is an unacceptable amount.
The environmentalists also argued that a $1,000 daily fine leveled by the state for using oil instead of cleaner natural gas isn?t enough punishment.
Barry S. Neuman, an attorney for the Environmental Integrity Project, said he hopes the state will consider drafting stricter policies against air pollution in the wake of the ruling.
“We hope the court?s decision will be a catalyst for the state to re-examine its enforcement policy, a re-examination that we understand is under way,” Neuman said.
“We think that a re-examination of that policy and a substitution of a policy that allows the state to enforce all violations in meaningful way would benefit the citizens of Prince George?s County and Maryland generally,” he said.
Mirant attorney Deborah Jennings was not available for comment.
The Chesapeake Climate Action Network, Patuxent Riverkeeper and Environment Maryland Research and Policy Center joined Environmental Integrity Project in the suit.
